Australian Capital Territory Numbered Acts

RED TAPE REDUCTION LEGISLATION AMENDMENT ACT 2015 (NO. 33 OF 2015) - SCHEDULE 2

Schedule 2     Amendments relating to Access Canberra

(see s 3)

Part 2.1     Public Sector Management Act 1994

[2.1]     New division 3.6

insert

Division 3.6     Exercise of certain functions by head of Access Canberra

37A     Exercise of certain functions by head of Access Canberra

    (1)     The Chief Minister may declare that a function given to a director-general under a territory law dealing with a relevant matter may be exercised by the head of Access Canberra (a declared function ).

Note 1     Function includes authority, duty and power (see Legislation Act

, dict, pt 1).

Note 2     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act

, s 196 and dict, pt 1, def entity ).

    (2)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (3)     The head of Access Canberra may exercise a declared function.

    (4)     The head of Access Canberra may delegate a declared function to an employee or another person.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

    (5)     However, the head of Access Canberra may only delegate a declared function to the extent permitted by other territory laws.

Example—extent permitted

A declaration is made in relation to a function given to the director-general under the XYZ Act. That Act states that the director-general may only delegate the function to an employee. The head of Access Canberra may also only delegate the function to an employee.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (6)     Nothing in this section limits the exercise of a declared function by the director-general given the function.

    (7)     Anything done in the exercise of a declared function is not invalid only because of a defect or irregularity in or in relation to a declaration.

    (8)     In this section:

"Access Canberra" means the business unit in the directorate administered by the Chief Minister known as Access Canberra.

"head", of Access Canberra, means the person occupying the position (however described) of head of Access Canberra.

"relevant matter" means a matter mentioned in an administrative arrangement under the Self-Government Act

, section 43 (1)—

        (a)     responsibility for which is allocated to the Chief Minister; and

        (b)     relating to Access Canberra.